Auburn, NY—The heirs of Secretary of State William H. Seward will have a say in determining the home of a valuable painting removed from the Seward House Museum in February, a Cayuga County judge ruled Tuesday.

Following a two-hour hearing in a packed courtroom, Acting Surrogate Court Judge Thomas Leone named the Rev. Ray Messenger administrator of the estate of William H. Seward III. Sixty-two years ago, Seward III bequeathed the house and its contents to the Fred L. Emerson Foundation. The mansion was the home of Seward III's grandfather, Secretary of State Seward.

Messenger is a Seward heir.

The judge’s ruling from the bench limits Messenger’s powers to the purpose of enforcing the charitable intent of Seward III’s will, said Charles Lynch, Messenger’s attorney.

The court ruling, however, does not assure the painting’s fate, he said.

“What this decision means is that the estate of William Seward has a seat at the table,” Lynch said. “The ultimate disposition of the painting isn’t going to be affected one iota by what happens with the court’s decision today.”

However, “we believe, and the attorney general believes, that the foundation does not own this painting outright, and is entitled to no money from the sale of the painting,” Lynch said. The foundation “ is obligated to continue to support the Seward House Museum unless, and until, it is ordered to do otherwise by the court.”

The foundation can appeal the judge’s ruling, Lynch said.

Messenger is William H. Seward’s great-great grandson. His great uncle, William H. Seward III died in 1951 leaving the house and its contents to the Emerson Foundation as a memorial to his father Brigadier General William H. Seward II and his grandfather William H. Seward, who was governor of New York and secretary of state under Presidents Abraham Lincoln and Andrew Johnson.

For decades the foundation operated the museum through an entity incorporated in Delaware. The foundation spun the museum off in 2008 to allow Seward House to become properly chartered as a museum in New York opening up its ability to get state grants.

With Surrogate Court permission, the foundation gave the house and its contents to the museum with the exception of a valuable painting “Portage Falls on the Genesee” by Thomas Cole.

At the time, the judge ruled that the foundation would need to get court permission to sell the painting.

The large painting appraised at about $18 million was a gift to Seward when he was governor and has hung in the mansion’s drawing room for more than 150 years.

Citing concerns over its safety, the foundation in February removed the painting from the museum. It plans to sell the work and split the proceeds with Seward House.

The heirs, and their supporters, believe that the painting is a vital artifact that represents Seward's role as governor and they want the foundation to return it to the mansion.

Judge Leone rejected the Emerson Foundation’s arguments that under the law Messenger wasn’t entitled to be named the estate’s administrator, that his request came too late and that the estate has been closed for decades, Lynch said.

Contact Charley Hannagan by voice or text at 470-2161, channagan@syracuse.com, Neighbors West on Facebook, or @charleypost on Twitter.